Meeting Agendas & Minutes

Zoning Board of Appeals 07/20/2010

Last Updated 7/21/2010 1:00:16 PM


MINUTES

PUBLIC HEARING BEFORE THE

SAWYER COUNTY BOARD OF APPEALS

July 20, 2010

 

 

 

 

Board of Appeals = BOA

AG = Alan Gerber

KZ = Kenneth Zeroth

LR = Laura Rusk

DH = Darwin Hintz

JT = James Tiffany

WA = Waldo Asp – First Alternate

MO = Mark Olson – Second Alternate

 

Zoning Administration = ZA

DO = Dale Olson, Zoning Administrator

CY = Cindy Yackley, Deputy Zoning Administrator

 

Introductions are made between the Board of Appeals members and recently appointed BOA member Mark Olson. Olson is appointed as the Second Alternate to the Board.

 

PRELIMINARY MATTERS

1)      Call to Order and Roll Call

AG calls the Public Hearing before the Sawyer County Zoning Board of Appeals to order at 7:00 P.M. in the Sawyer County Courthouse, 10610 Main St., Hayward, Wisconsin. Roll is called finding present:  AG, KZ, DH, LR, WA. DO and CY present from  the zoning office.

 

2)      Statement of Board and Hearing Procedures.

Those wishing to speak will be afforded the opportunity provided they identify themselves. AG gives order of submitting files to BOA, taking testimony, and making a decision. Requests orderly procedure. Gives appeal deadline.

 

3)      Statement of Hearing Notice.

Public Hearing published as a Class 2 Notice in accordance with Chapter 985 of the Wisconsin Statutes in the Sawyer County Record on June 30th and July 7, 2010.

 

VARIANCE APPLICATION

 

1)         Town of Bass Lake – John Drawbert et ux. Lot 2, being part of Gov’t lots 2&3, S1, T 39N, R 9W; Parcel :2.21.Doc #365042; CSM Volume 10 page 147.  1.055 acres. Property is zoned residential/Recreational One. Application is for an after-the-fact variance for the construction of an accessory building at a setback distance of 23’ from a

Minutes

Sawyer County Board of Appeals

July 20, 2010

 

wetland area. Variance is requested as Section 4.49, Sawyer County Zoning Ordinance, would require a setback distance of 40’ from this wetland. The Town Board has approved the application with additional comments.  DO reads the application into the record and presents the maps and photos. He reads the Town Boards decision and their additional comments. Nine (9) opinion letters were sent out, of those seven (7) were returned with no objection. Of those, three (3) had additional comments. These are read into the record. He also reads a letter written to Ken La Coy Construction from William Christman, previous Zoning Administrator, regarding the wetland area.  Ken La Coy, General Contractor is present and representing the Drawberts. He refers to the letter written by Christman and states that he went ahead with the project with the thought that he was in compliance. The slab was poured and it was when the septic system was being installed that he found out that there was a problem with a possible wetland. Bill Sande, Army Corp. of Engineers was called to the site and it was determined that the area in question met the criteria as a wetland and that the slab that was constructed was encroaching 23 feet from the wetland and it was necessary to apply for an after-the-fact variance. Impervious surface was discussed and found to be at 7.86%. The existing driveway at present is blacktopped but that will be removed and gravel will take its place for the time being with possible blacktop in the future.   Some members of the Board have been on site and discussion was held on a birm in which a previous garage was located and has now has been removed. The soils and septic were discussed and La Coy states that the old septic system has been removed and a new tank has been installed with a lift station and it’s being pumped up the hill and into a new drainfield.  DO states that this situation wasn’t the result of zoning going out and “looking for work,” that it was the result of a phone call made to Zoning and that from his perspective, La Coy did above and beyond everything that Zoning would have asked of him. He speaks about the Town’s comments regarding a review of Zoning’s policy in determining the ordinary high water mark and wetland determinations. Olson states that the three criteria are followed as does the DNR. Zoning is basically the only one in the area that determine wetlands. Army Corp of Engineers generally does not do wetland determinations and DNR has written a letter stating they Will Not do determinations so Zoning is the only one and if someone doesn’t agree with the results, they can hire a private delineator which is very costly to the property owner.

WA Motions to approve the application for an after-the-fact variance for the construction of an accessory building located 23’ from the wetland area.

LR Seconds Motion.

Motion Unanimous 5-0

Findings of Fact: It would not be a self created hardship; it would not be the basis of economic gain; it would not be for the convenience of the owner; and it would not be damaging to the rights of others or property values.

 

AG states that there is another  issue of the filing fee in which the applicant has requested a refund which they have paid a substantial amount of money ($1,000.00) to have a

Minutes

Sawyer County Board of Appeals

July 20, 2010

 

“special hearing” held earlier than the regular public hearing date. Discussion is held on refunding the filing fee or at lease a portion of the fee.  La Coy feels that the owners have had to go through a great deal of expense with this project. The applicants went forward with the project expecting to not have to apply for a variance and they have done everything that was asked of them and did everything that they thought was in a compliant manor up until the discovery of the wetland. AG states that there is a wetland there, and building too close to a wetland does require a variance. Whether this special hearing fee cost is justified is a decision the Board needs to make.  Discussion is held and it’s determined that a refund in the amount of $650.00 will be refunded to the applicant as a variance would have been required anyway because of the location of the garage being too close to the wetland and that the filing fee of $350.00 would have been charged which defers the cost of publication and preparation of the hearing file.

WA Motions to refund $650.00 to the applicant

DH Seconds Motion

Motion Unanimous 5-0

 

NEW BUSINESS

 

1)         Klos Appeal (Church Island on the Flowage)

DO gives an update to the Board stating that Klos has appealed the BOA’s decision to rescind the Land Use Permit and that no court date has been set yet because a judge has not yet been assigned to the case.

 

2)         Next Public Hearing will be held August 17, 2010 with one (1) application scheduled.

 

ADJOURNMENT

WA Motions to adjourn

KZ Seconds Motion

Motion Unanimous

 

Minutes prepared by Cindy Yackley, Deputy Zoning Administrator